Section 9-10-160. Continuance for absence of witness; what application to show

   All applications for continuances upon the ground of the absence of a witness shall show to the court:

   (1) That the witness is absent;

   (2) That he has been subpoenaed;

   (3) That he does not reside outside of the state;

   (4) That his testimony is material;

   (5) That the witness is not absent by the permission, directly or indirectly, of the applicant;

   (6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;

   (7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and

   (8) The facts expected to be proved by the absent witness.

Orig. Code 1863, § 3451; Code 1868, § 3471; Code 1873, § 3522; Code 1882, § 3522; Civil Code 1895, § 5129; Penal Code 1895, § 962; Civil Code 1910, § 5715; Penal Code 1910, § 987; Code 1933, § 81-1410; Ga. L. 1959, p. 342, § 1; Ga. L. 1991, p. 376, § 2.